Mohit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9415 of 2022 Arising Out of PS. Case No.-247 Year-2021 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

MOHIT Son of Sataveer Singh @ Satir Singh Resident of Village - Babhanauli, P.s.- Bahadurgarh, Distt.- Jhajhar, (Haryana). 2.

Ravi Pratap Son of Sanjeet Kumar Resident of Village - Mukandpur, P.s.- Sadar Bahadurgarh, Distt.- Jhajhar, (Haryana). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyam Kuamr For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-05-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Mohammadpur P.S. Case No. 247 of 2021.

As per allegation, 212.25 litres of wine was recovered from the car of the petitioners. The petitioners were

Patna High Court CR. MISC. No.9415 of 2022(2) dt.26-05-2022 2/3 apprehended at the spot.

The learned counsel for the petitioners has submitted that they are the persons of clean antecedents and they are in custody since 15.12.2021.

Considering the above facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special judge, Excise court No.1, Gopalganj in connection with Mohammadpur P.S.Case No. 247 of 2021, subject to the following conditions:-

1. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

2. At the time of furnishing bail bond, the petitioners shall file affidavit(s) to the effect that they shall not indulge themselves in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below

Patna High Court CR. MISC. No.9415 of 2022(2) dt.26-05-2022 3/3 will take decision in accordance with law.

3. The petitioners shall be physically present on each and every date in the court below till framing of charge. If they fail to appear on two consecutive dates, the learned trial court may cancel their bail bonds.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T